Lowell's claim (EDF)

I hope to find some help here regarding the claim letter I just received.

My case is below:

I have got from Lowell electricity bill issued by EDF on 3rd March 2015 for the period 16 November 2011 - 11 September 2013.
I have periodically submitted meter readings via EDF website including final meter readings for this particular contract.
EDF had my new address (they were electricity providers up to September 2014) as well my email and mobile number which has not changed since that time. However they has failed to bill within a year and never contacted me with this matter. I have paid the all the bills that I have received from them.
I do not have access to EDF website because my account has been suspended by EDF. Lowell said that I have not submitted the final meter reading and that cause delay with billing, but that is not true as a prove I have emails from EDF and photo of the meters with values that I have submitted via website.
As you can see I kept all my obligations and paid all invoices, I have received in timely manner.
However this invoice to my understanding is falls under the Energy UK 12-month back billing principle and so should not be deemed as a debt.
That is about what I have sent to Lowell however they submitted claim to court and completely ignoring the above arguments when responded.

My first question is how strong is my defense? And second is which steps I can take to be on a safe side?

Comments

  • sourcrates
    sourcrates Posts: 28,717
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    You have two possible defence`s, one is the possible back billing issue, the other is the debt is now statute barred, as 6 years appear to have passed since the debt was due for payment.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Thank you, it's good to know about 6 year barrier. I wonder if a counterclaim is something wise to consider?
  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
    I wonder if a counterclaim is something wise to consider?

    Not usually. It is better to use CPR 27 14 (g) IF it gets to court.

    https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14

    You should try a Subject Access Request to both Lowells and to EDF to get the missing information.

    Lowells will likely say they do not have it as EDF have it. Then EDF will say Lowells have it.

    Basically no-one will have it as Lowells buy debt where there is no evidence then try it on. Which is why CPR 27 14 (g) is what you use.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
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